All contracts for which Project Officers are responsible consist of a number of elements including tender documents, drawings, specifications and (usually) the terms and conditions and annexure of an Australian Standards contract. When presenting a contract for the executive's signature, it is imperative that all documentary elements of the contract are actually bound together into one document or, at the very least, incorporated into the contract by reference.
Various terms and conditions of a contract are incorporated by reference when it is either impractical to physically bind those terms and conditions into the contract or where the terms and conditions are well known throughout the industry and are readily accessible to the public. An example of the former class is architectural drawings which can be quite bulky and, of the latter class, the terms and conditions of the various Australian Standards contracts with which the industry is very familiar and which are publicly available albeit at a price.
The elements of the cover sheet are as follows:
The contract Principal is of course the University of Tasmania, which is an incorporated body. If you wish to record that, for the purposes of your transaction, the University is acting through a school or department, insert the following directly below “University of Tasmania”: “through the [ name of the school or department ]”.
The contractor named on the contract must be a legal entity capable of being sued. Accordingly you should obtain from the contractor the nature of the legal entity through which the services will be performed. The possible options are:
Irrespective of the legal form of the contractor, it is the University policy to only deal with contractors who have an Australian Business Number (ABN). The ABN should be included with the contractor's details.
If you wish to enter into a contract with a contractor that does not have an ABN, the University will have certain obligations to the ATO and accordingly, you should contact Financial and Business Services before the contract is signed.
The cover sheets available have been prepared to enable Project Officers to list all the documents that collectively constitute the contract and which are either physically bound with the cover sheet or are incorporated by reference. To validly incorporate by reference, the reader must be left in no doubt as to the identity of the document and must have unimpeded access to it. We recommend that the description of the document include the TRIM reference to enable the reader to access the document through University Records.
Authorised by the Director, Governance & Legal
25 September, 2012